The class action was filed Tuesday against the company and a subsidiary in Manhattan federal court. The suit alleges the cans, tested by the U.S. National Oceanic and Atmospheric Administration, contained an average of about 2.43 ounces to 2.87 ounces of tuna. That’s less than the standard fill of 3.23 ounces for these cans.

Because the cans are underweight, the suit alleges the cans are “illegal for sale in the United States.”